Ball v. Clothier

Citations

• 34 Wash. 299
• 75 P. 1099
• 1904 Wash. LEXIS 351

Syllabus

<p>Courts — Jurisdiction to Set Aside Orders of Territorial Probate Court — Judgments—Vacation at Suit of Minor After Attaining Majority. Under Bal. Code, § 5153, authorizing the superior court to vacate any judgment for error shown by a minor within twelve months after arriving at full age, and Const., art. 27, § 10, providing that all proceedings in the territorial probate courts shall pass into the jurisdiction of the superior courts, the superior court has complete jurisdiction to review errors of the old probate court, at the suit of minors brought within twelve months after arriving at full age.</p> <p>Same — Bill of Review Without Statutory Authority. In such a case, the court would have jurisdiction to review such a judgment for apparent error or fraud by bill of review, whether expressly authorized by statute or not.</p> <p>Executors and Administrators — Sales—Necessity of Notice to Minor Heirs. An administrator’s sale of real estate made under order of court is void when the minor heirs interested in the estate were not represented by a general guardian, and no guardian ad litem was appointed for them, and no notice given them as required by Code 1881, § 1497.</p> <p>Same — Curative Statute — Defects Relating to Jurisdiction. Bal. Code, § 6474, intended to cure defects and irregularities in administrators’ sales, does not cure defects relating to the jurisdiction of the court over the persons of the parties in interest, owing to the failure to give notice to the minor heirs or to appoint a guardian for them, the statutory requirements therefor being mandatory.</p> <p>Same — Estoppel by Petition to Discharge Administrator and for Distribution — Sale by Predecessor Whose Account was Settled During Minority. Where the final account of former administrators involved an illegal sale of real estate, void for want of notice to minor heirs, and the succeeding administrator collected no money and had done nothing and filed no account during his administration, the